HMO Fire Safety Laws

In the last article I touched on fire safety in HMOs -- Houses in Multiple Occupation. These are buildings, such as individual houses, flats and maisonettes, where three or more tenants occupy the building, but in two or more household units within the property. So, for example, a house rented to three unrelated students would be an HMO, as would a larger property that has been split into separate living accommodation and rented out to multiple individuals or families. It should be noted however that properties consisting entirely of self-contained flats are, in general, not classed as HMOs provided that the conversion of the house to flats fully complied with the 1991 Building Regulations. If the flat conversions failed to meet these regulations then HMO status applies -- but only in circumstances where more than one-third of the flats are in use by tenants on short term tenancies.  

For HMO properties certain laws apply to safeguard the welfare of tenants occupying the premises. These include stringent fire safety laws. So, landlords and tenants, it's time to listen up. It matters not whether you are an experienced landlord with HMO properties or a seasoned HMO tenant, this article is for you and for all the landlords and tenants out there who are new to HMOs and the regulations that apply to them. What is contained in this article could save your life and, quite conceivably from the landlord's point of view, spare you from serving a prison sentence!

You and the law

On October 1, 2006 new fire safety laws came into force. For HMOs it requires that a fire risk assessment of the building be conducted, and that adequate provisions are made for fire detection, fire fighting and escaping the fire. These elements are outlined below.

Fire risk assessment:

Landlords are responsible for conducting regular fire risk assessments in their HMO. The assessments can be performed by the landlord themselves, or by a responsible and competent person operating on behalf of the landlord. No official fire safety certificate is required from the assessment -- it is purely an exercise in identifying and managing risks.

Government guidelines suggest that fire risk assessments be approached in five steps…

Step #1 - Identify fire hazards. This requires the assessor to pinpoint sources of ignition, fuel and oxygen - the three components needed for a fire to start.

Step #2 - Identify the people at risk. This includes those living in the accommodation as well as neighbours who may be affected by a fire at the property.

Step #3 - Evaluate, Reduce, Remove and Protect from risk. Evaluate the risk and take action to lower the risk based on your findings.

Step #4 - Record, Plan, Inform, Instruct and Train. Keep a record of your fire assessments and the actions that you take as a result. Put an emergency plan in place so people know what to do in the event of a fire.

Step #5 - Review. Keep your fire assessments under constant review. Plan regular inspections and update your actions and emergency planning to take into account changes in the property and in the fire safety laws.

For further details on how to conduct a fire assessment do go and speak to your local council or fire service.

Fire detection and warning:

The new fire safety laws require that you deploy adequate fire detection and warning systems in HMOs. In some instances, battery operated smoke detectors won't cut it. You may instead find that you need an automatic detection and warning system hard-wired into the building, and which is operated from a central control panel. If you are in doubt as to which type of detection system best suits your HMO you should consult your local council or fire safety officer.

Fire fighting equipment:

If a fire is detected HMO tenants need adequate equipment available to tackle the blaze. Serviced and operational portable fire extinguishers must be located on each floor of the property, and in sufficient number. Hose reels and sprinkler systems may also be considered in larger HMO premises, as should access to the building and its floors by the fire brigade. Other installations needed for good fire control are self-closing fireproof doors that can withstand up to 30 minutes of heat.

Fire escapes:

The landlord is responsible for the provision of internal and/or external fire escape routes in the HMO. This could be one or more set of external stairs, internal stairs, corridors or walkways. All escape routes identified as such will need to be fireproofed. The landlord is also responsible for providing adequate signage on where the escape routes and fire exits are located, and how they are to be reached in the event of a fire.

For HMO tenants

If you are a tenant residing in an HMO you should make it your responsibility to ensure that your landlord complies with current fire safety laws. If you think that your landlord is not fulfilling their obligations you should first speak, or better write, to your landlord to inform him/her of your concerns. Ask for a response and for a commitment to addressing the issues raised. If no positive action is forthcoming do contact your local council or fire service. They will inspect the property, and in circumstances where there is non-compliance with fire safety laws, they can take steps to remedy the situation. In some circumstances the council may bring prosecution proceedings against the landlord.

Safety Tips for tenants

• Leave a door key accessible at a low level - where smoke will not initially reach - or in the front door, and make sure all occupants are aware of its location. This will make it easier to escape the building in the event of a fire.

• Where old sash windows were replaced with double glazing and only the top part can be opened it is a good idea to leave a hammer close by so that the glazing can be broken and an escape made.

Fire Office Contacts

London: The London Fire Brigade is run by the London Fire and Emergency Planning Authority (LFEPA). Each London borough and the City of London has its own fire safety centre. To contact your local centre telephone LFEPA on 020 7587 2000.

Manchester: The Greater Manchester Fire and Rescue Service covers Bury, Manchester, Salford and Stockport. For details of your local fire safety office you can contact the main switchboard on 0161 736 5866.

Most importantly, be sure to have your Mezuzos checked at least twice in seven years, after all it's your safety which is at stake.